Elgin, IL Busking Rules

If you know me, you know I’m a lifelong learner. I’ve also been operating an incubator space in downtown Elgin for six years now. It was formerly known as the Elgin Technology Center and has evolved into Ignite Elgin (ignitespaces.com).

Because of my connections and overall knowledge I get a lot of questions. Lately there have been many questions about busking in Elgin. This has come up in multiple conversations about multiple events.

I decided to make this post due to my frustration with the City of Elgin’s new website. While it looks cool, the – what we call in the web design industry – UX or User Experience, is a lot to be desired. The City’s website touts its search function. It’s front and center on almost every page on the whole website. However, the search function can’t pull up many simple items, like how to be a busker in Elgin, IL!

For your convenience, I have pasted in an email I received from the City of Elgin which lists all the rules for busking. Also, it defines what is and is not considered busking.

ELGIN BUSKING GUIDELINES – 2015
What is Busking? 
A busker is considered to be an entertainer who is actively providing a public performance in the public space in exchange for a donation.
Busking is defined as playing a musical instrument, singing, reciting or performing conjuring, juggling, puppetry, miming, dancing or other entertainment. Busking also includes the activity of drawing any message, picture or representation on a pavement, paper or canvas surface.
Types of busking performances may include:

• performing with an instrument or multiple instruments, conventional or self-constructed
• performing a song, dance routine, mime, clowning, juggling, puppetry, comedy, magic or living statue act
• actively working in an artistic medium (this excludes pre-built static displays and artworks advertising or promoting a company, event or charity)
• performing a Circle Act with or without dangerous goods ( includes the use of substances that are flammable, toxic or hazardous and implements such as swords)

What is NOT considered busking? 
The activities listed below are not considered busking.

• vendors of any kind – including glow sticks, flowers, jewellery and other merchandise sellers
• fundraising, events or promotions even if they involve any element of performance as listed previously
• touting or soliciting
• tarot card reading, palmistry and fortune telling
• massage, chiropractic treatment or any other physical
  manipulation
• face or body painting; temporary tattoo applications
• artists selling pre-fabricated work – pavement artists
  must be actively engaged in producing their artistic
  medium and not simply selling displayed goods
•  begging/fundraising:
  Busking is not individuals, clubs or companies wanting to promote their business or activities or fundraise on behalf of another individual, organization or entity even if they are engaging in a public performance to do so.
• General guidelines and conditions may include but are not limited to the following:

Age Restrictions 
Performers under the age of 16 should have parental or legal guardian consent. It is mandatory that children under this age have parental or legal guardian or adult supervision at all times whilst performing.
Group acts 
Group acts are generally limited to less than 8 performers with larger groups assessed on a case-by-case basis.
Public Liability 
Buskers are wholly responsible for all claims made against them for personal injury or property damage.
Safety 
Buskers must work to ensure that neither themselves nor their audience, pedestrians or the general public, are put at risk at any time during their performance. Buskers must accept responsibility for any impact that their performance may have on other city services and activities.
Pedestrian Access/Audience Management 
Buskers and street performers must ensure free and safe access for pedestrians along any pathways or thorough- fares near the performance site. Performers should ensure that they or their audience do not block shop doorways during business hours, dining areas and cafes, bus stops, fire escapes, roads and residential doorways. Wheelchair access around a site must be maintained at all times.

Animals 
The use of non-domesticated animals will not be permitted as part of a busking performance.
Buskers who use animals as part of their act:

• must provide a clean, comfortable and safe
  environment for the animal while performing
• must not put themselves, the animal or any member
  of the public in danger at any time

 Cleanliness 
Buskers must keep the site in use clean while they are working, ensure that their use of the site does not pose
a threat to public safety and that the busking site is left in the condition that it was found.
Management of Sound Generated by Busking 
Sound from busking in the public realm has the potential to disrupt business trading, affect workplace performance and detract from public amenity. Even though on street sound from busking contributes to the vibrancy of the city, it can be the cause of great discomfort for others when it is excessive.

• is not intrusive above background levels to the degree that a passer-by would have to strain their voice to be heard above the sound

Regardless of the above sound levels, if the noise output has generated complaints and is determined to be intrusive, the busker must cease performance immediately or if amplified, at least turn it down to a level acceptable even if it is below the sound ordinance guidelines for the Central Business District.
Amplification 
Amplification will only be permitted with battery-powered devices. Mains powered amplification is strictly prohibited.
Permissible Amplification Times 
Amplified busking is limited to the following times:

• 9am to 10pm

 Distance between busking performances

Sound performances should be situated at least 100 feet away from another sound performance and buskers are expected to negotiate cooperatively with each other.
Performers generating sound need to consider other buskers who may not use sound. Performers who generate sound, especially amplified, are expected to negotiate appropriate distances with silent or quieter buskers such as pavement artists, statue acts and magicians.

Drums and other instruments naturally loud without amplification

Additional restrictions for locations and timings may apply to instruments identified as loud without the use of amplification.
Monetary Appreciation

• Buskers may give audiences an opportunity to provide voluntary donations by placing a container on their site. Buskers may not approach individuals requesting money or solicit funds in a way that is overtly offensive to members of the public.

Selling Guidelines
Unless in accordance with specific conditions on a permit, buskers must not offer goods or services for sale; display, demonstrate or advertise goods for sale or associate themselves with such advertising in conjunction with their performance.
For buskers wishing to sell original merchandise in conjunction with their busking performance, the following conditions and guidelines apply:
Merchandise will be limited to original works produced or created by the busker (e.g. CDs)

Public Interaction and etiquette

• The busker should add to the amenity of the area by adhering to the Busking Guidelines and developing a community minded approach to their performance.
• Buskers are encouraged to establish good relationships with retailers and nearby traders.
• Buskers are expected not to harass, annoy or disturb people, traders or residents while busking.
• In the interest of self-regulation, if a busker is located directly outside a retailer or residential building and is causing a nuisance (loud or intrusive, repetitive, or causing any other obstruction) the busker should attempt to resolve the issue amicably. If there is no mutually agreeable solution the busker should move on if requested to do so by the retailer